§ 154.083  CONDOMINIUM DEVELOPMENTS.
   (A)   Purpose.  To allow residential cluster developments, as defined in § 154.002 as an alternative development pattern to standards subdivisions and planned unit developments, especially on lots that are not suited to these other development styles.  In essence, this section allows for a modified planned unit development on sites of less than 25 acres where the development of a standard subdivision may not be practical or economically feasible. 
   (B)   General requirements.  All residential cluster developments shall be subject to the following requirements:
      (1)   Project area. Residential cluster developments are allowed in LDR, R-1, R-2 districts on contiguous lots and parcels whose pre-development land areas does not exceed 25 acres. 
      (2)   Permitted uses. Only detached single-family dwelling units and residential accessory uses situated on the same lot as the dwelling and not used for activities conducted as a business are permitted.
      (3)   The density of the residential cluster development shall not exceed the maximum density of the residential zoning district in which it is located.  For the purposes of these regulations, density shall be calculated on net acreage, which is defined as total acreage in the development less land area dedicated to public right-of-ways, public parks or other public facilities.
      (4)   Access. All dwelling units shall front upon and be accessed by a private street.
      (5)   All residential cluster developments shall be required to establish and maintain a "Unit Owners Association," which shall be responsible for the ownership, maintenance and repair of common open space, private streets, private utilities and other private amenities. 
      (6)   Common open space.  A minimum of 25% of the development site's net acreage shall be maintained as common open space for the use and benefit of all unit owners and residents within the development.  The general development plan shall include an open space use and maintenance plan prepared per the requirements in § 154.030(C)(2).
         (a)   Common open space shall not be less than 25 feet in depth or width, except for access corridors, which shall not be less than 20 feet wide. 
         (b)   The land areas within 15 feet of any condominium unit shall not be included as common open space. 
      (7)   The proposed development shall be subject to a site plan review before the city Planning Commission as per § 154.070 of this chapter.
   (C)   Residential cluster lot requirements.  Individual, fee-simple cluster lots, as defined in § 154.002 shall be subject to the following requirements: 
      (1)   Residential cluster lots shall front upon private streets. 
      (2)   Each dwelling lot shall have at least one side or rear property line abutting the common open space. 
      (3)   Lot area and height regulations.
   Table 1:  Lot Area Requirements
 
Zoning District
Minimum Lot Area (s.f.)
Maximum Lot Area (s.f.)
Minimum Lot Width at Front Building Line
Maximum Lot Depth/Width Ratio
LDR
9,000
2 times the minimum lot area
75 feet
3:1
R-1 & R-2
6,050
2.25 times the minimum lot area
55 feet
3:1
 
   Table 2: Yard and Building Height Requirements
 
Zoning District
Minimum Front Yard Depth*
Minimum Side Yard Width
Minimum Rear Yard Depth
Maximum Building Height
LDR
35 feet
9 feet
25 feet
40 feet
R-1 & R-2
30 feet
7 feet
20 feet
40 feet
*   Minimum front yard depth is measured from the edge of pavement of a private street or the edge of sidewalk closest to the dwelling.
   (D)   Condominium unit requirements. Both standard and freeholder condominiums shall be subject to the following requirements. 
      (1)   Condominium units shall front upon and be accessed by private streets.
      (2)   All units shall be surrounded by common open space.
      (3)   Spacing requirements for condominium units:
         (a)   Minimum separation between any condominium and a private street:  30 feet from edge of pavement.
         (b)   Minimum separation between condominium units:  15 feet.
         (c)   Minimum separation between any condominium unit and the rear or side boundary of the original development site:  25 feet.
         (d)   Minimum separation between any condominium unit and a public street: 50 feet.
      (4)   All condominium declarations and subsequent amendments along with the associated descriptive drawings shall be reviewed by the Planning Commission prior to recording to ensure that the location of the unit or units being declared conform to the approved general plan and that adequate provisions exist to maintain the common elements created by the declaration or amendment.
      (5)   Applications for condominium declarations and subsequent amendments must include the following:
         (a)   A scaled drawing showing the unit or units to be declared along with the associated common and limited-common areas.  The original declaration shall also include two copies of the declaration document and bylaws, which shall include adequate provisions for repair and maintenance of  common areas and facilities including but not limited to, open space, private utilities, stormwater management facilities, roadways, parking facilities and other structures to be owned "in common" by the association.  All drawings and declaration documents shall demonstrate compliance with R.C. Chapter 5311.
         (b)   Evidence that all public and private utility and roadway improvements necessary to serve the unit or units being declared have been completed or financial guarantees have been posted for completion of said improvements in a manner as prescribed in § 154.070(B) of this chapter.
(Ord. 00-059, passed 7-18-00; Am. Ord. 11-020, passed 5-4-11; Am. Ord. 18-041, passed 10-16-18)